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(영문) 수원지방법원 안산지원 2012.12.06 2012고단1502
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who operates a stock company B (hereinafter referred to as “StateB”) that runs the publishing business of major teaching materials.

On May 201, 201, the Defendant invested 10% of the profits from publishing wumpha, b, 3-class 9,000 copies from the victim D’s main teaching material from the victim victim E in Daejeon-gu Daejeon-gu, Daejeon-gu, and 10% of the profits, and the other 10% of the profits was accumulated as the Development Fund of the Korea Venture Industry Association, and the other 10% was accumulated as the profits of the Korea Venture Industry Association.

On July 18, 2011, the Defendant embezzled and embezzled KRW 17,553,90,000 in total on two occasions in order to pay for the expenses, etc. of the Jeju Agricultural Cooperative (F) managed by the Defendant on or around the 25th of the same month, in accordance with the foregoing agreement, for the purpose of establishing the foundation and printing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Second police suspect interrogation protocol against the defendant (including the part concerning the statement written in D);

1. The first written protocol of interrogation of the police officer against the accused;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Details of entry and withdrawal transactions (No. 4 and 8 No. 1335);

1. Application of Acts and subordinate statutes to a written confirmation of the results of electronic financial transfer (No. 9,10);

1. Article 35(1) of the Criminal Act applicable to the crime, Article 355(1) of the Criminal Act, Article 355(1) of the selection of a sentence, the defendant’s reason for sentencing of imprisonment is favorable to the defendant. However, the defendant has a past record of criminal punishment in fraud nine times, and the defendant has been punished two times among them, and the defendant was punished by imprisonment, the circumstances leading to the crime in this case, the damage recovery has not been made at all, and the defendant’s age, family relation relation, and other circumstances revealed in the arguments of this case are considered.

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